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Natural Resources Defense Council v. Grant

Citation: 2 ELR 20185
No. No. 754, 341 F. Supp. 356/3 ERC 1883/(E.D.N.C., 03/15/1972)

Soil Conservation Service stream channelization project is enjoined for failure to file a NEPA environmental impact statement. Because the project is a major federal action which would significantly affect the quality of the environment, mere study and modification of the project's impact does not satisfy the requirements of section 102(2) (C). The duty to file an environmental impact statement is mandatory. Plaintiffs have standing to maintain this suit, and it is not barred by laches. The public interest in preserving the environment, together with the likelihood of plaintiffs' success on the merits warrants a preliminary injunction of the project, but plaintiffs are required to post a $75,000 injunction bond.

Counsel for Plaintiffs
John G. Shaw
Clark, Clark, Shaw and Clark
Fayetteville, North Carolina

Richard Wertheimer
Norton F. Tennille, Jr.
Arnold and Porter
1229 19th Street N.W.
Washington, D.C. 20036

J. G. Speth
Natural Resources Defense Council
1600 Twentieth Street N.W.
Washington, D.C. 20009

Counsel for Defendants
Warren H. Coolidge U.S. Attorney
John R. Hughes Asst. U.S. Attorney
U.S. Courthouse
Raleigh, North Carolina

Stewart Schoenberg Attorney
U.S. Department of Justice
Washington, D.C. 20530